MOTION FOR ADMINISTRATIVE DETERMINATION
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
JUN 21 1985
Petitioner,
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Cl1:1:i CL.RliK
CITY OF CLEARWAT~R,
CASE NO. 89-3063
vs.
ROGER BRENNAN,
,Respondent,
MOTION
FOR ADMINISTRATIVE DETERMINATION
FACTS
1. This motion is brought pursuant to F.S. 1987, CH 120
" ADMINISTRATIVE PROCEDURE ACT ", to include F.S. 1987,. CH 120.52
Sections 1 (c), 8 (d)(e), 12 (a)(b). Declaratory and injuctive
relief is sought pursuant to ARTICLE 1, Sections 1,2,4,5,6,9,10,
16,17,18 of the FLORIDA CONSTITUTION.
2. On May 4, 1989, Mr. Roger Brennan the utilities Credit Manager
was suspended for five days based in part on his involvement, his
interpretation and his handling of a disciplinary action against
an employee of the City of Clear1vater who reported directly to
Mr. Brennan.
3. Mr. Roger Brennan has been accused of violating, Civil Service
Rule 14, Section 1 (b)(e)(k), of the City of Clearwater. Charge I,
Specification I, Sections 1,2 of the charges against Mr. Brennan,
requires him to demand that F.S. 1987, CH 120.52 Section 12 (a)(b)
be invoked, in that all parties whose substantial interest are
being determined are not specificallY named and that other persons
who as a matter of constitutional right, provision of statute, or
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provision of agency regulation, is entitled to participate
in whole or in part in the proceedings, or whose substantial
interest will b~ affected by the proposed agency action, and
who makes an appearance as a party. Further it is requested
that a continuance be granted in this case in order that an
ancillary proceeding filed by Mr. William Tedder, who is the
employee whose actions are in question.
4. Mr. William Tedder has filed a grievance through the
appropriate channels, that action is at STEP 4 "ARBITRATION"
in accordance with the contractual agreement between the
City of Clearwater and the Communication Workers of America.
5. Determinati~n of the action initiated by Mr. Tedder is
essential to the defense of Mr. Brennans' case since Charge I,
Specification I, sections 1,2 refer to Mr. Brennans' handling
of Mr. Tedders' disciplinary action.
6. Charge I, Specification I, Sections 3,4 will be addressed
during Mr. Brennans' administrative hearing, whereas' Mr. Brennan
will the opportunity to have documents compeled, witness subpoena
and testimony entered into evidence.
7. Charge I, Specification I, Section 5. Mr. Brennan has filed
one compliant with Equal Employment Opportunity Commission for
Sexual Discrimination and several Compliants with Equal Employment
Opportunity Commission for acts of retaliation on the part of the
petitioner, these compliants have been in affect since November,
of 1987, determination is imminent. However, as part of a
conspiracy to cover up the illegal, unethical and corrupt practices
in the City of Clearwaters, Public Works Utility Accounts Division
and to silence and intimidate those employees who refused to
cooperate in these pvactices and who had complained or testified
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against the illegal, unethicial and corrupt practices in the
Utilities Accounts Division, and whose statements corroborated those
of the respondent. Mr. Roger Brennan, the petitioner through its
agency heads took retaliatory actions against Utilities Accounts
Division employees, William Tedder (Accounting Clerk I), Pat Meri
(customer Service Representive), Roberta Gluski (Customer Service
Representive), Vivian Dygert (Customer Service Credit coordinator),
Helga Graf (Utilities Finance Supervisor) and Roger Brennan (Utilities
Credit Manager). The retaliation against these employees was also
intended to attempt to discourage or intimidate those persons from
testifying in a truthfully and honestly in support of the respondents
allegations.
7. Mr. Roger Brennan, invokes his rights under F.S. 1987
CH 112.321, Sections 1,2,3(a)(b)(c), 4(a)(b), 5(a)(b), 6,7,8,9,10.
"Whistle-blower's Act of 1986"
Further it is requested that a special investigation of the Public
Works Utility Accounts Division be conducted by the City
Commissioners of the City of Clearwater as prescribed by Charter,
Further request that such investigation be conducted in conjuction
with the State District Attorney's Office. This request is made
in an effort for Mr. Brennan vindicate himself from Charge I,
Specification I, Section 5.
CAUSE OF ACTION
8. The acts of the petitioners were carried out under color of
the state law and constitute violations of the following rights
of the respondent:
a. Rights of Free speech and expression protected by
the First and Fourteenth Amendment to the U.S. Constitution
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and Article 1, Section 4 of the Florida Constitution.
b. Right to due process of the laws as guaranteed by
the Fourteenth Amendent and Article 1, Section 9 of the Florida
Constitution.
c. Right to equal protection of the law as guaranteed
by the Fourteenth Admendment and Article 1, Section 2 of the
Florida Constitution.
d. Right to assemble or to petition government for redress
of grievance as protected by the First and Fourteenth Admendments
to the u.S. Constitution and Article 1, Section 5 of the Florida
Constitution.
e. Right IDf a Public employee to be freefrom reprisals
and retaliation as protected by F.S.1987, CH 112.321
~. C ~1~
Ro er C. Brenn n
1 SouthWind Dr.
Belleair Bluffs, Florida 34640
(813) 584-0775
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
(Motion For Administrative Determination) was mailed
United States Mail, postage prepaid, this ~ day
198-1. to:
Donald D. Conn, Hearing Officer
Rita Garvey, Mayor City of Clearwater
William Nunamaker, Commissioner City of Clearwater
Richard Fitzgerald, Commissioner City of Clearwater
Donald Winner, Commissioner City of Clearwater
Lee Regulski, Commissioner City of Clearwater
Ron Rabun, City Manager City of Clearwater
Miles Lance, Assistant City Attorney City of Clearwater
City Clerks Office, City of arwater
C,
foregoing
by regular
of J~
By:
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SERVICE LIST
Donald D. Conn
Div. of Administrative Hearings
The DeSoto Bldg.
1230 Apalachee Parkway
Tallahassee, Fl 32399-1550
Rita Garvey, Mayor
City of Clearwater
112 Osceola Av.
Clearwater, Fl 34616
William Nunamaker, Commissioner
City of Clearwater
112 Osceola Av.
Clearwater, Fl 34616
Richard Fitzgerald, Commissioner
City of Clearwater
112 Osceola Av.
Clearwater, Fl 34616'
Donald Winner, Commissioner
City of Clearwater
112 Osceola Av.
Clearwater, Fl 34616
Lee Regulski, Commissioner
City of Clearwater
112 Osceola Av.
Clearwater, Fl 34616
Ron Rabun, City Manager
City of Clearwater
112 Osceola Av.
Clearwater, Fl 34616
Miles Lance, Assistant City Attorney
City of Clearwater
112 Osceola AV.
Clearwater, Fl 34616
Cyndie Goudeau
City Clerk's Office
City of Clearwater
112 Osceola Av.
Clearwater, Fl 34616
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STATE OF FLORIDA.
COUNTY OF ~~./L///A2 ),
SS:
CITY c.// LdA'//M;t7./.,
BEFORE ME, the undersigned authority, personally appeared
(Roger C. Brennan), well known to me and known by me to be the
person described in and who excuted the foregoing instrument
and acknowledged to and before me that he executed said instrument
in the capacity and for the purpose therein expressed.
WITNESS my hand and official seal this dft;Q day of {JP7t./../
1989 in the County and State first above written.
, ~~#M~(7
~ c~R SSIO~ EXPIRES: .
flOHRI' PUBLlC,STAn OF FLOPiDA AT LARGE
MY COMMISSiON ;::XPIF.ES JUtiE H; 1992
BONDED THR'J ,",GErn's NO .ARY BROKERAGE
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
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CITY OF CLEARWATER,
Respondent.
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CASE NO. 89-3063
Petitioner,
vs.
ROGER BRENNAN,
NOTICE OF HEARING
A hearing will be held in this case in the commision
Chambers, city Hal~, 112 S. Osceola Avenue, Clearwater, Florida,
at 10:30 A.M., or as soon thereafter as can be heard, on July 12,
1989. Continuances will be granted only by order of the Hearing
Officer for good cause shown.
ISSUES: Appeal of five day suspension.
AUTHORITY: City of Clearwater civil Service Rule 14, section 8.
The parties shall arrange to have all witnesses and
evidence present at the time and place of hearing. Subpoenas
will be issued by the Hearing Officer upon request of the
parties. All parties have the right to present oral argument and
to cross-examine opposing wit~esses. All parties have the right
to be represented by counselor other qualified representative,
June I~. 1989
(Dclte)
22I-6.008, Florida Administrative Code.
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Hearing Officer
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-1550
(904) 488-9675
in accordance with Rule
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